Journal of Fertilization: In Vitro - IVF-Worldwide, Reproductive Medicine, Genetics & Stem Cell Biol
Open Access

Abstract

What's Wrong with Gamete Donation?(Legal and Ethical Status of Gametes in Assisted Reproduction Techniques)

Eduardo Osuna, Vera L Raposo and Francisco Machado

Treatment with gametes donated by subjects other than those who wish to be parents is offered as part of assisted reproduction techniques in many countries. Ethical and legal concerns concerning gamete donation are discussed. Gamete donation constitutes a legal transaction, whose form is basically that of a contract, and in fact we are dealing here with a strictly regulated contractual object. The debate lies in considerations of legality and proprietorship. However, gametes cannot be compared with other parts of the human body. Their ability to originate another human being gives them a special status, which entails moral concerns. Nevertheless, and despite the fact that ethical evaluations may be a critical aspect, they cannot determine the legality of the act.